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Work premit is not a must for applying residence permit for work

08/08/2024
in Blog
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On July 31, the 11th meeting of the Standing Committee of the 14th Guangdong Provincial People’s Congress voted to pass the “Guangdong Provincial Science and Technology Innovation Regulations” (hereinafter referred to as the “Regulations”), which will come into effect on October 1, 2024.

The “Regulations” focus on improving government administrative efficiency through legal means, activating innovation momentum across society, and advancing the construction of the Guangdong-Hong Kong-Macao Greater Bay Area International Science and Technology Innovation Center. The document comprises 11 chapters with 94 articles, divided into the following sections: General Provisions, Basic Research, Technological Innovation, Achievement Transformation, Science and Technology Finance, Science and Technology Talent, Research Institutions, Open Cooperation, Innovation Environment, Legal Responsibilities, and Supplementary Provisions.

According to a relevant person in charge from the Provincial People’s Congress Standing Committee, the “Regulations” systematically arrange institutional measures and innovative forward-looking designs to accelerate the cultivation and development of new productivity, achieve high-level technological self-reliance and self-strengthening, and support and lead high-quality economic and social development through technological innovation. It is an important local regulation in the field of technological innovation in the province, characterized by its directionality, foundational nature, and comprehensiveness.

Article 56

Higher education institutions, research institutions, and other scientific and technological organizations can hire foreign scientific and technological talent based on development needs. Municipal governments above the prefecture level should implement policies and systems for foreign scientific and technological talent and their foreign spouses and children to handle entry and exit, permanent residence, work permits for foreigners coming to China, foreign talent visas, and invitation letters for foreign experts to come to China, and should optimize the recognition standards for high-level, precision, and urgently needed foreign talent.

Foreign scientific and technological talent holding talent visas can directly apply for work-type residence permits in accordance with national regulations after entering the mainland of the Guangdong-Hong Kong-Macao Greater Bay Area, without needing to obtain a work permit beforehand.

Foreign scientific and technological talent working full-time in Guangdong can engage in part-time work within the province with the consent of their employer and the prospective part-time employer, and after filing with the relevant departments of municipal governments above the prefecture level.

第五十六条

高等学校、科研机构以及其他科技组织可以根据发展需要聘用外籍科技人才。地级以上市人民政府公安、人力资源社会保障、科技等有关部门应当落实外籍科技人才及其外籍配偶子女办理出入境、永久居留、外国人来华工作许可、外国人才签证、外国专家来华邀请函等政策制度,优化外籍“高精尖缺”人才认定标准。

持人才签证的外籍科技人才入境后在粤港澳大湾区内地工作的,按照国家规定可以直接申请工作类居留证件,无需事先取得工作许可。

全职在粤工作的外籍科技人才经用人单位和拟兼职单位同意并经地级以上市人民政府有关部门备案后,可以在省内从事兼职工作。

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